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State of Maharashtra - Section

Section 86 in The Maharashtra Juvenile Justice (Care and Protection of Children) Rules, 2002

86. Repeal and saving.

(1)The Maharashtra Juvenile Justice Rules, 1989 is hereby repealed.
(2)Notwithstanding such repeal any action taken, order issued, by-laws made under the provisions of these rules shall, in so far as it is not inconsistent with the provisions of these rules, be deemed to have been taken, issued or made under the provisions of these rules.Form I[See Rule 5(3) and 6(9), 8(15) and 66(2)(d)]Preliminary ReportSr./No. ................... submitted to the Juvenile Justice Board/Child Welfare Committee.......................Profile No. .................Probation DepartmentProfile No. ..................Under Section.............Title of Profile : ...................Police Station : .................Nature of offence charged(in the case of juvenile only)Name :Father's name :Permanent address :Last address :Before arrest :Previous institutional history :Family
Member of Family (relation) if any Name Age Health Occupation or school Wages
Father /step father :.....................................................................................................
Mother / step mother :.................................................................................................
Siblings :.....................................................................................................................
Any other relation :......................................................................................................
If married relevant particulars :......................................................................................
Other near relatives or agencies interested :....................................................................
Attitude towards religion normal and Ethical code of thehome, etc. : ..............................
Social and economic status :..........................................................................................
Delinquency record of members of family :.....................................................................
Present living conditions :..............................................................................................
Relationship between parents/parent and Children especiallywith the child Under investigation : ...........................
Other facts of importance, if any :.........................................................................................................
Juvenile/Child's HistoryMental conditions, past and present : .......................................Physical conditions, past and present: ...................................Habit, interest(Moral, recreational etc) Outstanding characteristics and responsibility Traits : .................................................Companies and their influence : .................................Truancy from home, if any : ..................Previous delinquency, if any:...................School (attitude towards school, teachers, Class-mates and vice versa) : ................................Work record (jobs hold, reasons for leaving) : ................Vocational interests, attitude towards job or employers : ..................................Neighbourhood and neighbours report : ...............................Parents' attitude towards discipline inThe home and child's reactions : ...............Any other remarks: .................................Emotional factors : ................................Physical conditions : ................................Intelligence : .................Social and economic factors : .................Religious factors : ................................Suggested causes of the problems : ................................Analysis of the case giving an idea as to How the delinquency behaviour developed : .................Recommendations regarding treatment and its plan by probation Officer: .....................................Signature of Probation Officer.Form II[See Rule 6(8)(d)]Information of Arrest of a Juvenile to his Parent or GuardianWhereas (name of the juvenile)................................. Son/daughter of ..................................aged............... Resident of................................ has been Arrested under Section................and has been kept in the .................................................... home at .................................will be produced before the Juvenile Justice Board at................(on date)................. (name of the parent or guardian) .................. resident of................... is hereby directed to be present at the Juvenile Court.................... on ................... at (time) .................Signature of the Officer-in-chargeof the Police Station.Dated.................day of.................200 ............Form III[See Rule 6(8)(d)]Information of Arrest of a Juvenile to the Probation OfficerName of the Juvenile....................................Age...............................Son/daughter.................Residing at..................Under the care of................................Date and time of arrest...............................Place of arrest.................Section under which arrested..................Brief History of the Case.................Whether kept in the Observation Home and if so, name of the Observation Home.......................................Whether informed parents/guardians. If No, state reason.................................Signature of the Officer-in-charge..............................of the Police Station.Dated.................day of................200 ................ToThe Probation Officer...............................................................................................................Form IV[See Rule 6(9) and 8(15)]Order Requiring a Probation Officer to Make EnquiriesToProbation Officer/Social Worker/Child Welfare Officer, ..................Whereas (1) a report/complaint No. under section 15 (2) / section 33(1) of the Juvenile Justice (Care and Protection of Children) Act, 2000 has been received from ............................... in respect of (name of the juvenile/child)..................son/daughter of ................................. ................... residing at ....................
(2)(Name of the juvenile/child)................. .................. son/daughter of ..................................................... residing at .................. has been produced before this Child Welfare Committee/ Juvenile Justice Board under the provision of Section 13/sub-section (1) of Section 32 of the said Act.You are hereby directed to enquire into the character and social antecedents of the said juvenile and submit your report of social enquiries on or before................................date.Dated this .................day of...................200 .SignatureMagistrate, Juvenile Justice Board,Chairman, Child Welfare CommitteeSeal : Magistrate, Juvenile Justice Board,Chairman, Child Welfare CommitteeForm V[See Rules 6(10) and 79(2)]Supervision ReportWhen the juvenile/child is placed under the care of a parent/guardian or other fit person.Profile No. ................... of .................. 200...................Name of the juvenile/child ................................ Resident of ........................ (full address such as house No. Road, Village/town, district etc.) has this day found to have committed an offence under section ................. and has been placed under the care of (name) ................. ................... address ................................................. On executing a bond by the said ...................And the Board/Committee is satisfied that it is expedient to deal with the said juvenile/child by making an order placing him/her under supervision.It is hereby ordered that the said juvenile/child be placed under the supervision of ............................... a Probation Officer for a period of ................. subject to the following conditions, namely :-
(1)That the juvenile/child along with copies of the order and the bond executed by the said ................. will be produced before the probation officer named therein ...............
(2)That the juvenile/child will be submitted to the supervision of the Probation Officer.
(3)That the juvenile/child will resides at ..............................for a period of ..................
(4)That the juvenile/child will not be allowed to leave the district jurisdiction of ............... without the written permission of the Probation Officer.
(5)That the juvenile/child shall not be allowed to associate with bad characters.
(6)That the juvenile/child shall live honestly and peacefully; and will go to school regularly/endeavour to earn an honest livelihood.
(7)That the juvenile/child shall attend the attendance centre regularly.
(8)That the person under whose care the juvenile/child is place shall arrange for the proper care, education and welfare of the juvenile/child.
(9)That the preventive measures will be taken by the person under whose care the juvenile/child is placed to see that the juvenile/child does not commit any offence punishable by the law in force in India.
(10)That the juvenile/child shall be prevented from taking narcotic drugs or psychotropic substances or any other intoxicants.
(11)That the directions given by the probation officer/social worker from time to time, for the due observance of the conditions mentioned above shall be carried out.SignatureMagistrate, Juvenile Justice Board,Chairman, Child Welfare CommitteeSeal : Magistrate, Juvenile Justice Board,Chairman, Child Welfare Committee.Additional, conditions, if any may be inserted by the Juvenile Justice Board/Child Welfare Committee.Form VI[See Rule 6(11)]Supervision OrderProfile No...............................of 200.........................Whereas ....................................................... (Name of Juvenile) Resident of............................................................ (give full address such as house No. Road, Village/town, district, etc.) has this day been found guilty of an offence under Section.................And has been ordered to pay a surety of Rs...............and the Juvenile Justice Board is satisfied that it is expedient to deal with the said juvenile by making an order placing him/her under supervision.It is hereby ordered that the said juvenile be placed under the supervision of............................. Probation Officer for a period of................and shall observe the following conditions, namely :-
(1)That he/she will present himself within fourteen days from the date of this order, before the probation officer names herein, and will produce copy of the order;
(2)That he/she will submit himself to the supervision of the probation officer;
(3)That he/she will, during the period of specified herein, keep the probation officer, apprised of his place of residence and means of livelihood/place of work/place of education and progress in education;
(4)That he/she will attend the Attendance Centre regularly;
(5)That he/she will not associate with bad characters to lead a disciplined life;
(6)That he/she will live honestly and peaceably and will go to school regularly/endeavour to earn an honest livelihood;
(7)That he/she will not commit any offence punishable by any law in force in India;
(8)That he/she will abstain from taking intoxicants; and
(9)That he/she will carry out such directions as may, from time to time, be given by the probation officer, for the due observance of the conditions mentioned above.Dated this.................day of...............200................
(Signature)Principal Magistrate, Juvenile Justice Board
Additional conditions if any, may be inserted by the Board, if necessary.Form VII[See Rule 6 (11)]Supervision Report